Pre-contractual & contractual statements: statements made during negotiations (pre-contracts, puffs, representations, terms, objective test would a reasonable person have though that the parties meant this to be a term of the. If you force someone into a contract you may be sued in torts: constructional terms is a break of contract while pre-contractual can be a break of contract. If a non-contractual statement is false, we say that one of the parties has made a misrepresentation: when a contractual statement is not fulfilled we say that one of the parties is in breach of contract. If a party to a contract actively conceals the truth it may be treated as a misrepresentation. The legal consequences: the remedy of rescission, the right to damages. & justice: often accompanied by an order of restitution. Involves a giving back & taking back on both sides: the victim of a misrepresentation may be barred from rescission in certain circumstances.